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Articles Archive for October 2011

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[ 28 Oct 2011 | ]
President Obama Signs Finance Reform Bill Into Law

 When Courts and Congress Don’t Say  What They Mean:
 Initial Reactions to Morrison v. National  Australia Bank and to the Extraterritorial  Jurisdiction Provisions of the Dodd-  Frank Act
  By Richard Painter, Douglas Dunham,  and Ellen Quackenbos
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People don’t always say exactly what they  mean.  Judges and legislators are no exception.  Judicial opinions sometimes painstakingly  interpret the language of a statute or articulate  some other legal rule and then summarize their holding in a sentence or two, often preceded by language such as “We therefore hold that . . . .” What follows …

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[ 24 Oct 2011 | ]
Blackwaters Future

by Jordan Sundell*
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Although many corporations act responsibly, economically fragile  countries and war zones have proved fertile ground for a number of  multinational corporations to commit a variety of serious international  crimes. In such cases the offending corporation all too often goes under-  punished or escapes punishment altogether.  Take for example Nigeria.  In  1995 the Nigerian government, in response to pressure from Royal Dutch  Shell to repress environmental protestors, executed nine indigenous  tribal leaders, including the well-known writer and human rights activist  Ken Saro-Wiwa,[1] on suspect murder charges.[2] Royal …

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[ 19 Oct 2011 | ]

The Empirical Turn in International Economic Law*
by Beth A. Simmons** and Andrew B. Breidenbach***
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In November 2010, the American Society of International Law’s International Economic Law Interest Group (ASIL IELIG) convened a broad cross-section of scholars, practitioners, and students of international economic law. The focus of this conference was International Economic Law in a Time of Change: Reassessing Legal Theory, Doctrine, Methodology and Policy Prescriptions. Surveying the field, we became aware of certain swings in attitudes—from skepticism to euphoria and back to skepticism again—toward the empirical work that, of late, …